Order XLI Rule 23A CPC | Re-Trial Necessary When Crucial Parties Impleaded In Appeal: Telangana High Court Cannot Freeze Entire Bank Account For Small Disputed Sums: Rajasthan High Court Issues Comprehensive Guidelines Against Indiscriminate Account Freezes In Cyber Crime Probes 187(3) BNSS | No Extension Of Investigation Time Without Notice To Accused: Punjab & Haryana High Court Grants Default Bail In NDPS Case Road Widening Under Master Plan Cannot Be Stalled For Formal Land Acquisition, Section 305 Permits Direct Removal Of Encroachments: Madhya Pradesh High Court P&H High Court Quashes Preventive Detention Over 45-Day Delay In Informing Detenu Of Right To Represent 'Sole Allegation Of Torture Cannot Stand Alone': Andhra Pradesh High Court Acquits Husband Under Section 498A IPC After Dowry Demand Disproved Seeking Corroboration To Victim's Testimony Amounts To Adding Insult To Injury: Bombay High Court Upholds Rape Conviction Offences Of Cheating & Criminal Breach Of Trust Cannot Coexist On Same Facts: Calcutta High Court Quashes FIR Over Commercial Contract Dispute "Accident Alone Is Not Proof": Delhi High Court Acquits Bus Driver In 2003 Road Fatality Case, Rules Mere Speeding Or Collision Insufficient For Section 304A IPC Mandate Of Regulations Must Be Read Into Public Notices: Kerala High Court Reverses Order Directing NMC To Reopen Portal For Medical College's PG Seat Hike Unproven 1946 Oral Sale And Subsequent School Gift Cannot Convey Valid Title Over Tribal Land: Orissa High Court Orders Compensation After 80 Years ED Can Probe Money Laundering In J&K Corruption Cases: J&K High Court Rules S. 5(1)(d) J&K PC Act Corresponds To Amended S. 7 Of Central PC Act Not Mere Lip Service: Supreme Court Quashes GST Notice Under Section 74 Lacking Foundational Facts Of Fraud Or Suppression Selling Manufactured Goods At Factory Premises Doesn't Turn 'Industrial' Land Into 'Commercial' For Stamp Duty: Supreme Court Supreme Court Orders All States To Form Dedicated SITs To Probe Fake Motor Accident Claims, Warns Insurance Top Brass Against Selective Referrals Port Trusts Not Immune From Customs Duty On Pilfered Goods: Supreme Court Upholds Notification Declaring Mumbai Port Trust As Custodian Under Section 45

Bombay High Court Quashes Orders Rejecting Application and Imposing Tax Liability

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the Bombay High Court has quashed and set aside orders passed under the Income Tax Act, 1961, rejecting an application and imposing tax liability on the petitioners. The court held that the orders failed to meet the necessary requirements and violated established principles.

In the case of Writ Petition No. 1672 of 2021, the petitioners, Manjula D. Rita and Bhavya D. Rita, who are the legal heirs of Shri Dinesh Shamji Rita, challenged an order dated March 9, 2020, passed by the Principal Commissioner of Income Tax. The order rejected the petitioners' application under Section 264 of the Income Tax Act, 1961. The petitioners also impugned an order dated May 7, 2018, passed under Section 179(1) of the Act.

In their oral judgment, Justices K. R. Shriram and Firdosh P. Pooniwalla stated, "Not only the order dated March 9, 2020, but also the order passed on May 7, 2018, under Section 179 of the Act require to be quashed and set aside." The court highlighted that the order dated May 7, 2018, lacked grounds for commencing proceedings under Section 179 and failed to satisfy the necessary requirements.

The court further noted that there was no evidence indicating that any notice was issued to the deceased, and the order under Section 179 did not attribute non-recovery to gross neglect, misfeasance, or breach of duty. Additionally, the company in question was undergoing the Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code. The court emphasized that the Director can be held responsible only when non-recovery is attributable to their actions.

High court stated, "Without going into the merits of the assessment order passed or whether the time was ripe to issue notice under Section 179 of the Act, we hereby quash and set aside the order dated March 9, 2020, passed under Section 264 of the Act, so also the order dated May 7, 2018, passed under Section 179 of the Act."

This judgment serves as an important reminder of the legal principles governing the imposition of tax liabilities and the requirement of proper procedures. It highlights the significance of giving due notice and considering the circumstances surrounding non-recovery before imposing such liabilities.

Date of Decision: 19th June 2023

Manjula D. Rita vs 1. Principal Commissioner of Income Tax 

Latest Legal News